HomeMy WebLinkAbout05671ORDINANCE NO. 5671
AN ORDINANCE APPROVING A LICENSE AGREEMENT BETWEEN PUEBLO,
A MUNICIPAL CORPORATION, AND THE UNITED STATES OF AMERICA
FOR THE AUTOMATED SURFACE OBSERVING SYSTEM AT PUEBLO
MEMORIAL AIRPORT, AND AUTHORIZING THE PRESIDENT OF THE
COUNCIL TO EXECUTE SAME,
BE IT ORDAINED BY THE CITY COUNCIL OF PUEBLO, COLORADO, THAT:
SECTION 1:
A certain License Agreement (NOAA License Number COAS91 -066)
dated February 18, 1991, a copy of which is attached hereto and made a part
hereof by reference, after having been approved as to form by the City
Attorney, by and between Pueblo, a Municipal Corporation, and the United
States of America, relating to the use of land for the Automated Surface
Observing System at Pueblo Memorial Airport to the United States Department
of Commerce, National Oceanic and Atmospheric Administration, without cost,
be and the same is hereby approved.
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The President of the Council is hereby authorized to execute said
License Agreement on behalf of Pueblo, a Municipal Corporation, and the
City Clerk shall affix the Seal of the City thereto and attest the same.
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This Ordinance shall become effective immediately upon final
approval.
ATTEST:
Ci y Clerk
INTRODUCED March 25, 1991
BY HOWARD WHIT ,O -K
Council Person
APPRO
P e ident of the Council
U.S. Department of Commerce
National Oceanic and Atmospheric Administration
LICENSE FOR USE OF REAL PROPERTY
NOAA License Number
COAS91 -066
February 18, 1991
Grantor: City of Pueblo
31475 Bryan Circle, Pueblo, CO 81001
WITNESSETH: That, in consideration of the benefits to the GRANTOR and to the UNITED STATES OF AMERICA,
hereinafter referred to as the GOVERNMENT, and of the covenants and agreements to be kept and performed by the
GOVERNMENT, the GRANTOR does by these presents hereby grant, at no cost, a license for the use of the premises,
services, and facilities hereinafter described or other mutually acceptable locations for the installation,
operation, maintenance, repair, replacement, and removal of Automated Surface Observing System (ASOS) equipment
including, but not limited to: field sensor group(s), acquisition control unit (ACU), communications and
peripheral equipment, antenna(s), and connecting signal and power cables. GRANTOR will provide electrical
power for operation of the following GOVERNMENT -OWNED equipment: field sensor group.
It is covenanted and agreed that the GOVERNMENT, or the GOVERNMENT'S contractor, shall have ready and convenient
access to the premises at all times, subject to the security and safety rules of the GRANTOR, and that the
GOVERNMENT reserves the right to make such alterations, additions, and improvements to the ASOS as may be
necessary for proper ASOS operation. It is further covenanted and agreed that all structures, fixtures, or
equipment placed by the GOVERNMENT on said premises under this license, or any previous license or permit, shall
be and remain the exclusive property of the GOVERNMENT, notwithstanding the same may be attached to the realty
so as to become a part thereof; and that the GOVERNMENT shall have the right to remove all structures, fixtures,
and equipment so erected or placed on said premises.
If at any time before the expiration of this license the GRANTOR desires to change the location of the sites
furnished to the GOVERNMENT pursuant to this license, or the GRANTOR changes or modifies its facilities
(runways or other areas), or allows others to change or modify such facilities in such a manner so as to
adversely effect or render useless the GOVERNMENT'S equipment, facilities, and /or related power, control or
signal lines, any cost for repair or for removal of said equipment, facilities, and /or related power, control,
or signal lines to another site acceptable to the GOVERNMENT shall be at the expense of the GRANTOR. If at any
time prior to the expiration of this license the GOVERNMENT desires to change the location of the site furnished
to it by the GRANTOR, all costs related to moving the equipment, facilities, and /or related power, control, or
signal lines shall be borne by the GOVERNMENT.
The terms and conditions of this license and the conditions herein shall bind the GOVERNMENT, the GRANTOR,
and the GRANTOR'S heirs, executors, administrators, successors, and assigns.
To the extent authorized by the Federal Tort Claims Act, 28 U.S.C. Sec. 2671 et seq., the GOVERNMENT assumes
full control and sole responsibility for its equipment, personnel and activities incident to this license.
The premises, services, and facilities to be provided by the GRANTOR pursuant to this license are described in
the ASOS SITE SURVEY REPORT for the following which is incorporated herein by reference:
PUEBLO MEMORIAL AIRPORT, PUEBLO, CO (PUB) Rev. # 2 Dated: 05/31/90
This license is effective beginning 11/15/90 for a period of 15 years unless terminated earlier by mutual
agreement.
IN WITNESS WHEREOF, this license is executed as of the dates indicated.
City of Pueblo
By:
Printed Name: Michael Occhiato
Title: President of the City Council
Date: March 25, 1991
THE UNITED STATES OF AMERICA
U.S. Dept. rce, NO
Y:
Contracting Officer
Special Engineering Program Office
Central Administrative Support Center
Date •
ASOS W/P 9/90
�S D ED
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City of Pueblo
was rated No. i for quality of life by University of Kentucky researche a three -year study released in March, 1988.
RAYMOND H. MONROE
Director of Aviation
31475 Bryan Circle
Pueblo, Colorado 81001
719. 948 -3355
719. 948 - 33161
JULY 3,1991
MEMORANDUM TO:
CITY CLERK
SUBJECT:
RESOLUTION NO. 5671
ATTACHED IS THE ORIGINAL LICENSE FOR USE OF REAL
PROPERTY WHICH HAS BEEN EXECUTED BY OFFICIALS OF THE U.S.
DEPARTMENT OF COMMERCE; AND WHICH SHOULD BE ATTACHED TO
RESOLUTION NO. 5671.
THIS LICE14SE REPLACES THE PREVIOUSLY EXECUTED
LICENSE APPROVED BY RESOLUTION NO. 5621. THE U.S. DEPARTMENT
OF COMMERCE WOULD LIKE TO HAVE THE FIRST LICENSE RETURNED;
AT YOUR CONVENIENCE WOULD YOU PLEASE RETURN THE FIRST LICENSE
TO ME?
THANK YOU.
RHMa
c'
`RAYMOND H. MONROE
DIRECTOR OF AVIATIOi�